Hon’ble Amar Saran, J.—This jail appeal has been filed against a judgment and order dated 10.6.2005 passed by the learned Sessions Judge, Baghpat convicting and sentencing the appellant Phoolan Singh to life imprisonment under Section 302 IPC.

2. The case of the prosecution was that the informant Virendra Pal’s father Baljor, was smoking a “Hukka” in the Gher of the adjoining house of Om Pal and Arvind. At that time appellant-Phoolan Singh, the servant of Arvind and Om Pal, arrived there with a “Balkati” in his hand and assaulted Baljor, who was badly injured. This incident was witnessed by Naresh, Om Prakash and Indrapal. The report of this incident was lodged at 4.15 p.m. on 4.1.2004 at the police station Ramala, district Bagpat under Section 307 IPC by Virendra Pal.

3. The injured Baljore was medically examined at CHC, Baraut at 5.00 p.m. on 4.12004 by PW 6 Dr. Ravindra Kumar, who found the following injuries on his body:

1. Incised wound 5 cm x 1 cm into bone deep over left side forehead 3 cm above outer angle of left eye.

2. Incised wound 4 cm x 5 cm into bone deep over left side skull, 5 cm above middle of left eyebrow.

3. Incised wound 3 cm x 5 cm into bone deep over